Tamil Nadu

South Chennai

CC/472/2014

M/s.Arul Sathish Pandian - Complainant(s)

Versus

M/s.S.M.Computers - Opp.Party(s)

M.Arul Sathish Pandian

02 Jan 2018

ORDER

                                                                        Date of Filing :   02.12.2014

                                                                        Date of Order :   02.01.2018

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

     2^nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3

PRESENT: THIRU. M.MONY, B.Sc., L.L.B. M.L.,                     : PRESIDENT            

                  TMT. K.AMALA, M.A. L.L.B.,                                 : MEMBER I

C.C.NO.472 /2014

TUESDAY THIS 2^nd  DAY OF JANUARY 2018

M. Arul Satish Pandian,

125/8, T2, 19^th Main Road,

Anna Nagar West,

Chennai 600 040m                                         .. Complainant

                                        ..Vs..

 

The Managing Director,

SM Computers,

G4, Salma Arcade,

333, Arcot Road,

Kodamppakkam,

Chennai 600 024.                                          .. Opposite party.

 

Counsel for Complainant                 :    M/s.V.P. Raju           

Counsel for opposite party            :    Exparte.     

ORDER

THIRU. M. MONY, PRESIDENT

This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act 1986 seeking direction to replace the DVD Writer with a new HP DVD writer and also to pay a sum of Rs.50,000/- as compensation for mental agony and Rs.1000/- as cost of the complaint.

1. The averment of the complaint in brief are as follows:

         The complainant submit that  he purchased a Laptop with HP DVD Writer.   On 24.7.2014 the complainant went to the opposite party service centre to repair and rectify the HP DVD writer.  The opposite party after receipt of a sum of Rs.1600/-, on 24.7.2014 issued one Samsung DVD writer.  While using the Samsung DVD writer it was damaged and also damaged the Laptop in such manner.  Hence the complainant contacted the opposite party to change the Samsung DVD writer and to replace it with the HD DVD writer.  The opposite party executive   turned deaf ear and used abuse words.   Thereafter the complainant sent a letter  dated 3.9.2014 to the opposite party to rectify the defects.   Even after the receipt of letter the opposite party has not come forward to rectify the defects.    As such the act of  the opposite party amounts to deficiency in service which caused mental agony and hardship to the complainant.  Hence this complaint is filed.

2.    Inspite of receipt of notice the opposite party  did not appear before this forum and therefore the opposite party was  set exparte.  

3.     Though the  opposite party  remained exparte this  Forum perused the compliant fully on merits with available material records before this forum. 

4.     In such circumstances,  in order to prove the allegations made in the complaint the proof affidavit is filed by the complainant as his evidence, and also Ex.A1 to  Ex.A3 are marked. 

5.   The points for the consideration is: 

1. Whether the complainant is entitled to replace the DVD writer with a new HP DVD writer as prayed for?

 

2. Whether the complainant is entitled to a sum of Rs.50,000/- as compensation for mental agony with cost of Rs.1000/- as prayed for ?

 

6.  POINTS 1  & 2:

         

          The complainant filed detailed written  arguments. Perused the records (viz) complaint, proof affidavit and documents.  The contention of the complainant is that he had purchased a Laptop with HP DVD Writer from the opposite party.   But no record of any kind filed before this forum.   On 24.7.2014 the complainant went to the opposite party service centre to repair and rectify the defects in the  HP DVD writer.  The opposite party after receipt of a sum of Rs.1600/- as per Ex.A1 dated 24.7.2014 issued one Samsung DVD writer.  While using the Samsung DVD writer it was damaged and also it damaged the Laptop in such manner.  Hence the complainant contacted the opposite party to change the Samsung DVD writer and to replace it with a HP DVD writer.  The opposite party executive  turned deaf ear and used abuse words.   But no record to prove such threat.  Thereafter the complainant sent a letter  dated 3.9.2014 to the opposite party to rectify the defects as per Ex.A2.   Even after receipt of the letter the opposite party has not come forward to rectify the defects.   Hence the complainant filed this complaint for replacing of the DVD writer with a new HP DVD writer.   Considering the facts and circumstances of the case this Forum is of the considered view that the opposite party shall replace the DVD writer with a new HP DVD writer and shall pay compensation of Rs.2,000/- towards mental agony with cost of Rs.2,000/- and the points are answered accordingly.    

In the result the complaint is allowed in part.  The  opposite party shall replace the DVD writer with a new HP DVD writer and shall pay compensation of Rs.2,000/- (Rupees two thousand only) towards mental agony with cost of Rs.2,000/-  (Rupees two thousand only) to the complainant.    

The aboveamount shall be payable within six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a to till the date of payment.

Dictated by the President to the Assistant, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the  2^nd  day  of  January  2018.  

 

MEMBER-I                                                                      PRESIDENT.

Complainant’s side documents:

Ex.A1-  24.7.2014  Copy of Tax invoice cash bill.

Ex.A2- 3.9.2014      Copy of letter sent to opp. party.

Ex.A3- 5.9.2014      Copy of courier receipt.

Opposite parties’ side document: -    Nil   

 

 

MEMBER-I                                                                   PRESIDENT.